History
  • No items yet
midpage
Silver v. Doubles
2:22-cv-00578
D. Utah
Jun 20, 2025
Read the full case

Background

  • Frederick O. Silver sued major credit reporting agencies (Equifax, Experian, and Trans Union) in the U.S. District Court for the District of Utah.
  • Silver's claims were challenged by defendants, who moved to dismiss based on timeliness and failure to state a claim.
  • Silver filed motions for a temporary restraining order (TRO), a preliminary injunction, and to amend his complaint for a fourth time.
  • A Magistrate Judge issued a Report and Recommendation advising dismissal with prejudice and denial of Silver's motions.
  • Silver filed an objection to the report, but it was untimely.
  • The District Court adopted the Report and Recommendation, dismissed the case with prejudice, and denied all of Silver’s pending motions.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Statute of limitations Claims should not be time-barred Claims are time-barred Claims time-barred
Failure to state a claim Complaint alleges sufficient facts Complaint fails to state a claim Complaint insufficient
TRO/Preliminary Injunction Entitled to immediate injunctive relief No basis for relief Relief denied
Leave to amend complaint Should be allowed to file another amendment Amendment futile and unduly delayed Leave denied

Key Cases Cited

  • Lemmons v. Houston, 633 Fed.Appx. 664 (10th Cir. 2015) (affirmed district court's refusal to consider untimely pro se objections to magistrate reports)
Read the full case

Case Details

Case Name: Silver v. Doubles
Court Name: District Court, D. Utah
Date Published: Jun 20, 2025
Docket Number: 2:22-cv-00578
Court Abbreviation: D. Utah